TERMS AND CONDITIONS
I hereby give The Bark, Inc. (Host) and Wisdom Panel™ (Sponsor), a non-exclusive right to use the content of this submission in any editorial, marketing or advertising purposes.
I represent that I sent the submission to The Bark under my true name and understand that this submission, its content, and any attachments submitted with it may be republished in any form or medium at any time and in any place, and that the submission and attachments will not be returned to me.
I understand that I shall receive no compensation or remuneration of any type for use of the submission, any attachments or my name, and The Bark, Inc. and Wisdom Panel™, shall be under no obligation to use the submission, attachments or my name. I further agree to the Official Rules of the Contest.
I release The Bark, Inc. and Wisdom Panel™, their parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, and agents and their successors and assigns from any and all liability with respect to whatever manner they use the submission, attachments or my name. The Bark reserves the right to review and reject any submissions in its sole discretion.
“WISDOM PANEL™ – THE BARK COVER DOG CONTEST”
(“Contest”) Official Rules
Contest submission begins 12:00 a.m. Pacific Time (PT) on April 15, 2018 and ends at 11:59 p.m. (PT) on September 15, 2018. By submitting a photo for consideration, users agree to the Official Rules of the Contest.
Host: The Bark. Inc., 2810-8th St., Berkeley, CA, 94710
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE STATE AND FEDERAL LAW. VOID OUTSIDE OF THE FIFTY (50) UNITED STATES AND D.C., AND WHERE PROHIBITED. DO NOT ENTER THIS CONTEST IF YOU ARE NOT A RESIDENT OF THE FIFTY (50) UNITED STATES OR D.C. AT THE TIME OF ENTRY.
1. ELIGIBILITY. No purchase necessary to enter. Purchase will not improve chances of winning. This Contest begins at 12:00 a.m. PT on April 15, 2018; ending at 11:59 p.m. PT on September 15, 2018 (“Promotion Period”) and is open to all legal residents of the 50 United States and D.C. who are at least eighteen (18) years old at time of entry. Employees of The Bark, Inc., Wisdom Panel™, and their respective parent or affiliated companies, subsidiaries, dealers, sales representatives, distributors, advertising agencies, promotional and prize suppliers and the immediate families and household members of each, are prohibited from entering.
2. HOW TO ENTER. To enter the Contest: Go to thebark.com/wisdom and complete the entry form. Once completed, follow the step-by-step process for creating a submission and for uploading an accompanying photo(s).
Automated entries are prohibited, and any use of such automated devices will cause disqualification. Host reserves the right, at its sole discretion, to disqualify any individual (and his or her Contest entry) who tampers with the entry process. Host reserves the right to cancel or suspend this Contest should fraud, virus, bug or other causes beyond the control of Host corrupt the administration, security or proper play of the Contest. Host is not responsible for any errors, failures or delays, whether human or technical in nature, of any computer system, phone line, hardware, software, program, computer transmissions, postal delivery, or network connections. Proof of entering information on Host’s website is not considered proof of delivery or receipt by Host.
4. INFORMATION. By participating, you hereby acknowledge and agree to receive e-mails from The Bark but you may opt out of receiving future e-mails by following the instructions contained in any such email, or by otherwise notifying the sending entity. You remain eligible to win a prize if you opt out.
5. SELECTION PROCESS. One (1) submission will be selected by The Bark for a photo session to be held with a professional photographer. The dog must be well-behaved and able to work with a studio photographer specializing in dog photography in a close and perhaps unfamiliar environment. Reminder: This is not a photo or writing contest. All Contest submissions will be judged on the basis of uniqueness, quality and the ability to convey the contest topic “Why My Mixed-Breed Dog Should Be a Bark Cover Dog”. All Contest decisions will be made at The Bark’s sole discretion and are final. Entries that fail to comply with the Contest Rules will be disqualified. The winner will be contacted by The Bark to obtain more details on the dog and to ascertain qualifications, such as ability to work with a photographer. The guardians of the winning dogs will also need to be available to attend a photo session of, at the minimum, one hour in length, and the guardian must accompany the dog to this session and bear all costs of travel to the photo studio and any other incidental expenses that the entrant might incur. The Bark will be responsible for the professional expenses of the photographer. The Bark can, at any time during the contest term, decide to terminate the contest.
6. OWNERSHIP/USE RIGHTS GRANTED. Entrants retain the copyright to their media submitted to the contest. By entering the Contest, entrants grant The Bark and the Sponsor a non-exclusive license to use the media for any purposes, in any form or medium, at any time, and in any place, without restriction. This includes, but is not limited to, publishing online or in print in The Bark related only to the contest and not for any other promotional or marketing uses, without compensation to the entrant.
9. PRIZE/ODDS. The grand prize winner and finalists will be selected from the entire pool of Contest submissions and will receive a photo portrait session arrange by and paid for by The Bark. A photo shoot with a professional photographer will be arrange in close proximity to the winner’s location between 10/1/18 and 10/19/18 (all photo shoot details to be determined by The Bark). A photograph from this portrait session will appear on the front cover of The Bark’s Winter 2018 magazine issue. The winning dog and owner’s name and written profile will appear inside The Bark magazine. In addition, the winning entry will receive a free Wisdom Panel™ 4.0 Canine DNA Test. Odds of winning depend on the total number of eligible entries received. Multiple entries are not allowed and do not improve chances of winning.
10. POTENTIAL WINNER NOTIFICATION/PRIZE RESTRICTIONS. The winner will be notified by e-mail and must respond within five days, or the prize will be forfeited. An alternate Entrant will be chosen and awarded the prize. If the winner is eighteen (18) years of age or older but considered a minor in his/her state of residence, prize will be awarded on minor’s behalf to the parent/legal guardian of minor, who must execute and return any required documents as noted previously in these rules. By accepting a prize, winner grants The Bark the right to use his/her name and likeness in advertising, publicity and promotion without further compensation or permission, except where prohibited by law.
11. LIMITATION OF LIABILITY. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release The Bark, Inc., Wisdom Panel™, their parent and affiliated companies, officers, directors, employees and agents (“Promotion Parties”) from any and all liability, loss or damage incurred with respect to awarding, receipt, possession and/or use or misuse of any prize; (b) under no circumstance will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential or any other damages; (c) all causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments and award shall be limited to actual out-of-pocket costs incurred, excluding attorney's fees and court costs. By accepting the prize, winner agrees that The Bark will not be held responsible for any system damage, loss of property, accidents, injuries or death that may occur in the receipt, awarding, use or possession on the way to, leaving or during the photo session or participation in any prize-related activity, including any travel related thereto. Winner acknowledges that The Bark and Wisdom Panel™ have not made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Neither the Host or Sponsor is liable for any costs incurred by the winner in execution of the photo session, all costs for travel or any incidental expenses shall be paid by the winner. By participating in this Contest, entrants and winner agree to be bound by these Official Rules, the decisions of The Bark and any applicable federal, state, provincial or local laws and regulations.
12. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Official Rules, or the rights and obligations of Entrant and the Host or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to conflicts of law principles. All entrants consent to jurisdiction and exclusive venue in the State of California